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Accountability to the People

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  • Accountability to the People

    Madison's greatest failure was not providing the people with a direct, relatively inexpensive method to hold the government accountable and to nullify any usurpation of power. The Constitution needs to be amended to require trial by jury for all constitutional challenges of law, rule or regulation. Any US Citizen has standing to sue the government for usurpation of power, unconstitutional acts. A jury of the plaintiff's peers shall be chosen at random. Potential jurors can only be disqualified for conflicts of interests such as dependency or beneficiary of the usurped power. As a government employee, the judge has a clear conflict of interest and shall desist from issuing any rulings that are not relevant to acting as best the judge can as an impartial moderator of the proceedings. It is the jury's and only the jury's duty to determine matters of fact and of law (the Constitution) in these cases. The burden of proof is on the defendant, the government, to prove that the authority exercised is delegated to the government under the Constitution. A supermajority, consisting of 75% or more of the jurors must find that the government acted with authority delegated under the Constitution. Otherwise, the government issued law, ruling or regulation is nullified. If the jury nullifies the government's actions, it may optionally consider whether or not the public officials that enacted the law, ruling or regulation did so with wanton disregard to their oath to office and shall have the ability to disqualify such public officials from public office effective immediately if appointed or upon the next election if elected.

    We cannot depend on government employees (judges) to determine Constitutionality. We cannot depend on the people responsible for appointing officials to powerful government positions to hold them accountable and impeach and remove them from office when their actions deserve they be removed. The people should not live in fear that usurpers of power will ever be allowed to hold positions of power over them again.
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Who wrote Federalist Paper 85?

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